A manufacturer of industrial vehicles instructed our Dispute Resolution team to help terminate a contract it had made with another company to co-design and build 250 industrial vehicles.
Of particular importance to our client was the question of ownership of the various intellectual property rights in a number of important bespoke design aspects of the vehicle’s component parts, which had not been clearly dealt with in the contract between the parties.
In the absence of ownership or the exclusive use of the designs, our client’s plans to produce the relevant parts itself could have been undermined, and the other company would be free to make the parts for our client’s competitors.
We were able to advise our client how best to terminate the contract and assert its ownership over the intellectual property rights in question, based on a number of technical arguments under the Copyright, Designs and Patent Act.
As a result of the arguments we were able to advise our client to advance, the other company decided not the challenge our client’s ownership of the designs.